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Substantiation of Electronic Evidence
Klein, Jakub ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract This thesis addresses the procedural questions of securing and presenting electronic evidence in criminal proceedings. The use of modern devices and the subsequent creation of electronic evidence is very common, making it necessary for legislation as well as investigative, prosecuting and adjudicating bodies to set out an adequate framework for securing and producing such evidence. The thesis seeks to determine the limits of this framework with regard to the rights to a fair trial, privacy and secrecy of correspondence, as well as the principle of public authority interference minimization, keeping in mind that electronic evidence must be secured and produced in accordance with the Criminal Procedure Code, the Constitution and enforceable international treaties, respecting the rights of individuals but also allowing criminal proceedings to reach their ultimate goal. The thesis first concentrates on traditional instruments of securing evidence, e.g. search warrants, seizure of an item, operative-search means or various types of wiretapping. These general findings are then applied to commonly used information technologies, such as emails, documents stored on websites or social media platforms, as well as communication conducted via mobile applications. In its...
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Criminal Proceedings against Legal Entities
Findejsová, Adéla ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
This diploma thesis is focused on a comprehensive analysis of criminal proceedings against legal entities using Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code) in combination with Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The adoption of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, introduced criminal liability of legal entities into the legal order of the Czech Republic since 1st January 2012 but the institute of criminal liability of legal entities is constantly evolving to respond to the needs of society. The diploma thesis is conceived from a procedural point of view with the current use of the substantive bases of the issue of criminal liability of legal entities. The thesis further explains important terms and outlines the development of criminal liability of legal entities in the Czech Republic. The aim of the thesis is to provide a comprehensive view of phases of criminal proceedings against legal entities and to evaluate selected problematic aspects of the legal regulation which are accordance with the interpretation of the professional public and with the developing jurisprudence of the domestic courts. The thesis is divided into five chapters. The first three are...
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Custodial Assurance of The Accused Person
MAŘÍKOVÁ, Miroslava
The diploma thesis is focused on the custodial assurance of the accused person. The institute of the custody is seen as a freedom restriction and the person's personal freedom and also it is seen as one of the kinds of ensuring measures. The core is to keep the conditions set by the law and basic principles of the criminal proceedings to not to allow over-use or abuse of the custody. The aim of the diploma thesis is the analysis of the custodial assurance legal frame, custody basic characteristics, its reasons, measures to substitute custody and to map the or of the social worker in this field. It is overall summary of legal adjustments concerning the custody. The thesis is divided into twelve chapters. The first chapter is dedicated to the person assurance itself before the custody procedure and the second chapter includes custody basic characteristics and its legal anchor. The third chapter deals with custodial conditions, reasons and its duration. The fourth one concerns the custody length and other legal terms. The fifth chapter is focused on the decision about custody in proceedings before the court and in the legal proceedings and that in the frame of the authorities by particular organs. The sixth chapter concerns the custody itself, including the place and personal section. There are defined the measures which can be used to substitute the custody in the seventh chapter. There is analysis of the link in the case of youth offenders and there are also stated the main differences from adult accused ones in the eighth chapter. The ninth and tenth chapter mention psycho-social impact of the custody, social work with people in the custody proceedings and the role of the social worker in this field. The last chapter is in short focused on the comparison of the custody and the punishment. The diploma thesis comes out primarily from the judicature, legal regulations - in particular from the Law nr. 141/1961, about the criminal proceedings of justice (legal code), literature with comments, professional articles and internet sources.
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Criminal proceedings against legal entities
Miklóš, Denis ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
1 Abstract Criminal proceedings against legal entities This diploma thesis focuses on procedural provisions of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, which has undergone many changes since the 1st January 2012 and is constantly evolving since the criminal liability of legal persons is in the legal order of the Czech Republic still a relatively novelty and therefore a current topic. The Act has been subject to criticism prior to its entry into force, which in some aspects is still up to date even today. Simultaneously with the development and changes of the law itself, the opinions of the professional public and professional literature are developing, which responds to these changes, but on some issues, it still awaits the relevant case law of higher courts. The work is divided into three parts. The first chapter deals with general issues of criminal liability of legal persons and their development in the Czech Republic. This part contains also a brief summary of the development of the Slovak regulation of the criminal liability of legal persons, which has been influenced and inspired by the Czech legislation, and it is interesting to see their mutual development in the future as well. In the second chapter, the diploma thesis deals with reasons of...
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The Issue of Pre-trial Detention in Criminal Procedure
Doležalová, Dominika ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of Pre-trail Detention in Criminal Procedure This diploma thesis deals with the problems of pre-trail detention. The issue of pre-trail detention is a current and widely discussed topic due to two main reasons. First is the very nature of pre-trail detention as a means of procedural criminal law, with which the law most intensely interferes with the personal freedom of the individual. The second reason is its development and anchoring in the Czech legal system. Pre-trial detention has very specific characteristics because it interferes with personal freedom of an individual whose guilt has not been determined by the court. Consequently, there is a conflict between the human right to personal freedom and the need for the state to ensure the proper conduct of criminal proceedings and investigation. The thesis is divided into seven chapters. The first chapter deals with the concept of criminal detention itself and its role in criminal proceedings. The next chapter is dedicated to the development of the law of detention from 1873 to the present. The historical overview of the legal regulation of pre-trail detention is important for the understanding and interpretation of its perception today, and shows a gradual increase in the level of protection of human rights. The third chapter briefly...
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Ensuring the participation of persons in criminal proceedings
Šmahelová, Michala ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Ensuring the participation of persons in criminal proceedings The thesis provides a comprehensive account of the individual institutions of criminal procedure through which authorities involved in criminal proceedings ensure the participation of persons whose presence is essential for successfully conducting criminal proceedings. After a brief introduction, the first, most detailed chapter discusses all the procedural steps used to ensure the participation of the principal subject of criminal proceedings, namely the accused. In accordance with the basic principles of criminal procedure, particularly the principles of proportionality, restraint and subsidiarity, the discussion first focuses on less severe precautionary measures, that is summons, presentation, disciplinary fine and prohibition on foreign travel. The main part of the chapter is devoted to precautionary measures that place limitations on fundamental rights and freedoms, namely the personal liberty of the accused. These are detention, arrest and custody. The section on custody summarizes the legal conditions of custody and discusses in more detail the individual grounds of custody, the legal provisions regarding the decision process on custody and the examination of the existence of custody grounds. The pertinent case law is duly taken...
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The issues of pre-trial detention in criminal procedure
Klimešová, Barbora ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The issue of pre-trial detention in criminal procedure The topic of this diploma thesis is the issue of pre-trial detention in criminal procedure. The institute can be described as a securing institute of criminal procedural law that significantly affects the right to personal freedom of the individual, which conflicts with other human rights. In light of these violations of fundamental rights, it is not surprising that the institute is often discussed and is thus a sensitive topic. It is therefore often the subject of disputes, which are held in front of the Constitutional Court of the Czech Republic and other international courts. This thesis is divided into six chapters, wherein, the first part deals with the description of the institute of pre-trial detention itself, and discusses the principles that are related to it. The second chapter briefly describes the historical development of the institute of pre-trial detention on the territory of the Czech Republic since 1961, when the new Criminal Procedure Code was adopted. It emphasises the amendments No. 265/2001 Coll., and No. 459/2011 Coll., which both brought a significant change in the legal system of pre-trial detention. The third chapter focuses on the existing legislation based on case law in the Czech Republic and international courts....
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Cassation and appeal in the criminal procedure code
Boledovičová, Zdeňka ; Hořák, Jaromír (advisor) ; Herczeg, Jiří (referee)
- Cassation and appeal in the criminal procedure code The subject of my thesis is a cassation and appeal principle used during a criminal proceedings. Both principles control criminal proceedings within the meaning of determination of the appeal body jurisdiction, especially how to treat a first instance judgement that is opposed to a factual or legal flaws. Current legal regulation tends to apply the appeal principle with a restricted appeal elements and in compliance with the factual intentions of a legal code. This trend will continue in the future as this approach is implemented in the forthcoming legal code provisions. The thesis is divided into five chapters. The first chapter present the historical excursus of the Czech judicature evolution. It presents difference between civil and criminal law. The second chapter discuss a legal remedy system and is mainly focusing to define terms such as appeal, cassation and revision. The aim is to clarify the legal remedy principles and also to explain the purpose of reviewing procedure during a criminal proceedings with accent to a three main roles of the reviewing procedure: general, immediate and extended which all represent main criminal proceedings principles. The subject of the next chapter is focused on a relationship of the cassation and appeal...
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Criminal proceedings against legal entities
Novotná, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis discusses the criminal proceedings against legal persons. The main idea of this diploma thesis is to describe single juridical institute of criminal procedure which is specific for proceedings against legal persons. For better understanding is necessary to find and understate all the sources of law. The primary authorities which will be used in the criminal proceedings are above all Act of Criminal Procedure against Legal Persons, Rules of Criminal Procedure and also Constitution of the Czech Republic and Charter of Fundamental Rights and Freedoms. It is also important to looking the sources at international level. Fundamental source is European Convention on Human Rights. The thesis deals with institutes of criminal law specific for legal entities, like imputability, a person committing a crime or enumeration of criminal acts for which can be affected legal entities. The main chapter contains analysis of each section from special part of Act of Criminal Procedure against Legal Persons. Subchapters discuss some of elemental principles in criminal proceedings as local jurisdiction in criminal proceedings and principle of joint trial of a criminal case, then provisional and protective measures, procedure for the cancellation, termination and conversion of the legal entity during...
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The issue of concept of criminal custody
Bělecký, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
59 8 Abstract - The issue of concept of criminal custody My diploma thesis deals with the criminal custody. It is an indispensable part of criminal process where personal freedom comes in a conflict with the effectivity of prosecution. Accused people are taken into custody before there is a decision on the matter and therefor the application of presumption of innocence is limited. Even though custody is not a punishment it can have very severe impacts on the accused person coming close to the impact of an actual punishment. The first part of the diploma thesis deals with the historical course beginning in the pre-hussite era until the present day. Second part obtains a brief explanation of what the term criminal custody means. The third part contains detailed characterization of the criminal custody reasons, strengthened criminal custody reasons and surrogate measures as well. The fourth part concerns about the rules of who is authorized to decide if an accused person is taken into criminal custody, the maximum length of the criminal custody, revisions of criminal custody legitimacy and decisions about further criminal custody duration. The diploma thesis should be able to describe the basic rules concerning the criminal custody.
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